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1 results

  • 20 - The South China Sea Arbitration

  • from Part VII - Cultural Heritage Law and Law of the Sea
  • Edited by Christina Voigt, Universitetet i Oslo, Caroline Foster, University of Auckland
  • Book:
    International Courts versus Non-Compliance Mechanisms
    Published online:
    15 February 2024
    Print publication:
    22 February 2024, pp 471-488
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  • Summary

    In 2013, the Philippines commenced arbitral proceedings against China under the 1982 United Nations Convention on the Law of the Sea. Since the award was issued in 2016, which in large part was favourable to the Philippines, China has refused to recognise the award. This chapter offers an analysis of the arbitration proceedings and the award using a popular animated film – Disney’s Raya and the Last Dragon – as a lens. The chapter analogises the themes in Raya with the factual background of the arbitration, with the aim of reshaping international support to help bring about compliance with the award. The conflict in Raya effectively communicates that conflict over scarce resources and overlapping territories cannot be resolved by aggression, mutual distrust, and lack of cooperation. While the Convention lacks a compliance mechanism, this chapter envisages that the Convention’s conciliation procedure may present a path forward even if China does not voluntarily comply with the award. This cooperative process aims to bring China back to the table, in renewed efforts towards a settled outcome.